Ultimate Guide to Obtaining a Powerful Legal Heir Certificate

What is a Legal Heir Certificate?

A legal heir certificate is crucial after a family member’s death. The relationship between the deceased and their rightful heirs is established through this Legal Heir Certificate.

A person’s lawful heirs are their spouse, kids, and parents. The legitimate beneficiaries must apply for the legal heir certificate to claim ownership of the deceased person’s property.

After getting the death certificate from the town or corporation, the legal heirs may exercise their claim to the deceased’s assets and debts by obtaining a legal heir certificate.

Best Way to Download Legal Heir Certificate

Apply Through the Revenue Department:

  • Contact the Sub-Divisional Magistrate (SDM) office or the local Revenue Department.
  • Take a look at the legal heir certificate application form.
  • Include accurate information on the deceased person and the heirs in the form’s fill-in fields.
  • Include any needed documentation, including the deceased’s death certificate, proof of family ties (birth or marriage certificates), and other essential documents.
  • Send the completed application and the necessary paperwork to the SDM or Revenue Department office.
  • Pay any required fees.
  • Contact the authorities again to inquire about the status of your application.
Legal Heir Certificate
Legal Heir Certificate

Online Application through Government Portals

  • Check if your state or local government has an online application portal for legal heir licence.
  • Visit the respective government portal and create an account, if required.
  • Fill in the online application form with accurate details, including information about the deceased and the heirs.
  • Upload the necessary supporting documents in the specified format.
  • Pay the application fee online, if required.
  • Apply electronically through the portal.
  • Keep track of the application status through the portal or contact the concerned authorities.

Seek Assistance From A Lawyer or Legal Professional

  • Consult a lawyer or legal professional who knows succession and inheritance if you need help.
  • Provide them with all the relevant information, including the documents related to the deceased and the heirs.
  • The lawyer will guide you through obtaining a legal heir certificate.
  • They will prepare the necessary application and documentation on your behalf.
  • Cooperate in giving any extra information or papers the attorney requests and adhere to their directions. Pay the costs related to the lawyer’s services.

Approach A Notary Public

  • Gather all the necessary documents related to the deceased person and the heirs.
  • Contact a notary public in your area.
  • Schedule an appointment with the notary public and explain your requirement for a legal heir certificate.
  • Provide the notary public with the required information and documents.
  • The notary public will prepare the legal heir licence based on the provided information.
  • Pay the notary fees for their services.
  • Obtain the notarised legal heir licence from the notary public.

Seek Guidance From The Local Municipal Corporation

  • Visit the local municipal corporation office.
  • Inquire about the process and requirements for obtaining a legal heir certificate.
  • Collect the application form and fill it out accurately.
  • Gather all the necessary supporting documents, including the death certificate, proof of relationship, and other required documents.
  • Submit the completed application form and supporting documents to the municipal corporation office.
  • Pay the applicable fee, if any.
  • Keep track of the application status by following up with the municipal corporation office.

Benefits of the Legal Heir Certificate

Smooth Transfer of Property:

The legal heir certificate simplifies transferring a deceased person’s property to the rightful heirs. It provides a recognised legal document to establish their claim, ensuring a smooth and hassle-free transfer of ownership.

Access to Financial Resources:

The lawful descendants might gain access to the deceased’s assets using a legal heir licence. This comprises financial accounts, investments, insurance coverage, and other assets. It assists in maintaining the family’s financial security and meeting all financial responsibilities.

Claiming Government Benefits:

Many government schemes and programs provide specific benefits to the legal heirs of deceased individuals. The legal heir certificate indicates the entitlement to benefits, such as social welfare programs, subsidies, or educational scholarships.

Settling Outstanding Debts:

In the event of the death of a person, their outstanding debts need to be settled. The legal heir licence allows the rightful heirs to manage and settle the debts, ensuring that the liabilities are adequately addressed and resolved.

Resolving Legal Disputes:

The legal heir certificate plays a vital role in resolving any legal disputes or conflicts that may arise regarding inheritance.

It provides a legal document establishing the rightful heirs and their shares in the deceased’s assets. This helps minimise disputes among family members and ensures a fair estate distribution.

The legal heir licence offers several benefits, including facilitating property transfer, accessing financial resources, claiming government benefits, settling outstanding debts, and resolving legal disputes.

It serves as a crucial document to establish the rights and entitlements of the legal heirs, providing a legal framework for properly administrating the deceased person’s estate.

Required Documents for Legal Heir Certificate

  • The application form has been signed.
  • Any legal proof of identity and address.
  • Death certificate.
  • Documentation of each legitimate heir’s birthdate.
  • An affidavit of one’s undertaking.
  • The deceased’s address must be proven.

Who Can Apply for a Legal Heir Certificate?

According to the applicable inheritance laws, any individual is entitled to inherit the deceased person’s assets, liabilities, and rights. The following individuals can typically apply for a legal heir certificate:

  • Spouse
  • Children
  • Parents
  • Siblings
  • Grandchildren

How to apply for a Legal Heir Certificate?

Applying for a legal heir certificate may vary slightly depending on the jurisdiction. However, the general steps involved in obtaining a legal heir certificate are as follows:

  • Obtain the application form: Visit the concerned government office, such as the Revenue Department or Municipal Corporation, and collect the application form for a legal heir certificate. Alternatively, the form may be available online on the official website of the respective authority.
  • Complete the application form: Complete all the application forms accurately and completely, providing information on the applicant, the person who passed away, and their connection to them. As specified in the application form, please affix the relevant supporting documentation.
  • Collect any required supporting evidence, including the dead’s death certificate, identification and address proofs, affidavits that attest to the applicant’s link to the deceased, and any additional documents the authority may specify.
  • Apply: Submit the filled application form and supporting documents to the designated government office. Pay the prescribed fee, if applicable, as mentioned by the authority.
  • Verification process: The concerned authorities will verify the submitted application and documents. 
  • The person applying will be given the legal heir certificate once the verification process is finished and all conditions have been satisfied. The certificate of authenticity may be issued as a tangible document or as an electronically generated certificate, depending on the relevant jurisdiction.

What is the meaning of a legal heir certificate?

According to the Succession Laws of India, a Legal Heir Certificate is a crucial official document provided by the government that aids in establishing the relationship between the deceased person and their legal heirs. The deceased person’s legal assets are transferred to their surviving family using a legal heir certificate in India. 

Who can get a legal heir certificate in India?

Under Indian Law, the following people are considered legal heirs and can obtain a legal heir certificate:
The deceased person’s spouse.
Children (son/daughter) of the deceased.
The deceased’s parents.

Who are the legal heirs?

According to succession laws, when a person dies without leaving any legal clarification or a will behind, a person who inherits all the materialistic properties and responsibilities, and even debts that come with real estate, they are termed an heir.

Conclusion

Last but not least, a legal heir certificate confirms the legitimate heirs of a deceased person. It is essential for transferring property, obtaining funds, asking for government benefits, repaying debts, and resolving legal disputes.

The certificate makes it possible to legally handle the decedent’s estate, ensure an equitable distribution of assets, and avert any potential family conflicts.

The legal heir certificate clarifies, validates, and recognises legal heirs in the succession process by demonstrating their inheritance and connection to the decedent.

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